Recently my washer broke (the tube was incorrectly installed by the previous owner and it popped off). I didn’t realize anything was wrong until the unit below me called in a panic about the water leaking from his ceiling. Water was pooling in my catch tray and the overflow was then leaking under the floor boards, so there was never any pooling to alert me. Unfortunately, neither my unit insurance or the master will cover repairs to his ceiling, and he does not have unit insurance. He asked me to split the repair cost. I’m torn! It was my washer that caused his water damage, but the cost would be WAY less if he had insurance (half the deductible versus half the repair cost!). We are very neighborly, so part of me thinks to maintain the relationship I should eat the cost… but I’ve also put a lot of my blood, sweat, tears, and loans into this association to keep it afloat, and after paying the plumber I’m kind of tapped. What should I do?!

Mister Condo replies:

H.W., your neighbor’s lack of insurance is troubling and may even be against your association’s regulations. Many associations require all unit owners to carry their own homeowner’s insurance for just such occurrences as this. If so, and your neighbor was delinquent in his duty to insure, you may not have any liability whatsoever. If that is not the case, you may be on the hook for half or all of the damage. It really depends on how your neighbor proceeds. If he sues, in Small Claims, or other, then and only then. Might you find yourself held legally responsible for the damage. I appreciate your “good neighbor” attitude and paying some of the expense, which you did, should help keep the relationship between you and your neighbor congenial.

Why in the world are you loaning money to your association? Are you a bank? Why does your association need money to “keep it afloat”. You have signaled a big problem with your association’s finances. Common fees should be sufficient to keep any association afloat. Individual unit owners should not be loaning the association money. It is time for your association to get some real world training on how to run itself and practice sound fiscal policies, which include adequate common fees for the association to fund itself. All the best!

I am on the lower level of a condominium and the owner above me removed area rugs, and walking on hard wood floors above me sounds like horses walking around!! Are there any laws or standards regarding wood floors in condos?

Mister Condo replies:

J., there are no laws about floor types or covering in condos that I am aware of. However, many associations, especially those with upstairs/downstairs unit owners have their own rules about materials that may or may not be used by owners. Many apartment style condos require wall-to-wall carpeting to help prevent noise from travelling downward. Check your condo docs and see what they say about floor types and coverings. It is quite possible that your upstairs neighbor has violated the building’s policy by having hard wood floors, regardless of area rugs. At the very least, you might ask the Board to intervene as the noise is disturbing your peaceful use of your own unit. Good luck!

The unit next to me is owned by a hoarder who moved in during 2015. The owner is hoarding on the deck/common elements outside as well as inside the unit. There are no window treatments so you can see piles upon piles of “stuff” inside the unit. I have complained to my association in June of this year because my unit had mice. (I have owned for 10 years and never had a rodent prior to this) They have done very little and communicated very little to me despite my calls/requests for assistance. They had the County Board of Health come and just confirm that it is a hoarding situation, that the mice are most definitely coming from there but the BOH has stated there is little they can do about the conditions on the inside of the unit. I had the Fire Marshall some and speak with the unit owner but they have limited power as well. He did let them know a neighbor is upset and asked them to clean up and they said they would. Of course, they did not. I had an exterminator come out, they did their best but stated if the cleanup doesn’t happen this will be a recurrent issue and it could get much worse. Well two months later and I have mice again. I have contacted the Board several times with zero response, Mister Condo, without the board acting. We have antiquated by-laws that’s don’t address hoarding. What are my options at this point? I was told to sue the board and the neighbor. Do you have any wisdom on this issue? I’m really losing hope and thinking I need to sell my condo.

Mister Condo replies:

J.C., hoarding is a real problem at condos and apartments around the country, not just in your community. I am very sorry for your particular horror story. You are doing all the right things. You also need to contact an attorney. Regardless of what the Board can and cannot do to get this hoarding situation under control, you need to have your property rights protected and that might very well include a lawsuit against the hoarder and the association. The problem is that hoarding isn’t properly addressed in association rules and by-laws. Further, the courts have often sided with the homeowner right to live in their home as they see fit. The legal battle happens when their lifestyle creates “nuisance” for other unit owners (like you). Selling your unit is certainly a viable option but finding a buyer is likely to be quite challenging with a mouse infestation problem. A savvy buyer would surely notice the sights and smells that are usually associated with a neighboring unit housing a hoarder but I wouldn’t rule it out as one possible and realistic solution to your problem. My advice is that you consult with an attorney, gather up as much information as you can, and make an informed decision about whether to stay in place or sell your unit. Good luck!

The president and I are new to the board. We live in a 12-unit building where the unit owners were used to freely going up to past board members doors and address whatever concerns they had. The president and I feel we have a management company that we pay and that the unit owners should address any issues with the management company instead of us. We’d like to post a note addressing the unit owners that going forward they need to contact the management company. Please let me know your thoughts?

Mister Condo replies:

J.L., since the previous Board had a very “open door” policy regarding unit owners addressing concerns, you have inherited their management style, like it or not. The way to correct it is to let all unit owners know that there has been a change in Board members and that new policy is in place. In fact, I would argue that the old policy was fraught with potential disaster, including Board members making “on the spot” decisions that could come back to haunt the association. The proper procedure for unit owners to bring their concerns to the Board is to contact the Board via the Property Management company or in writing so their concerns can be addressed at the next scheduled Board meeting. That way there is written action (Minutes) to document the concern and what action, if any, was taken. Casual conversation in the corridors of the building is nothing more than that. In a small association like yours, I would guess close to half of the unit owners serve on the Board so it is not surprising that such an informal approach was adopted. However, that doesn’t mean it was correct. I hope you can manage it to your liking in the future. Good luck!

I am a first-time home owner. For the first 2 years I lived in my unit I tried to be active in my (small) HOA, but the main Trustee never had time for me and HOA meetings were always cancelled. When he sold his unit, he hurriedly gave me a “crash-course” on duties a week before the closing. It wasn’t until weeks after that I realized he had conned me. He left me with unpaid bills (some a year old!), angry contractors, and one unit egregiously in the hole to the HOA. After weeks of talking with my neighbors, I got them to agree to a payment plan: they agreed to pay a minimum of their balance every month for 6 months—enough time to figure something out—and after 6 months they had to pay in full every month. A year later they are still only paying the minimum and have become even more in debt to the HOA with back fees and Reserve Studies. A friend’s wife—who is a lawyer—is helping me out with the lien process, but my question is this: what should I expect? This family (a retired couple and their adult son) have lived here for 20 years and now I (this young newcomer) is going to be threatening foreclosure. We all live in the same small building, run into each other often, and share a common stairwell. I feel terrible that I’m the one that’s going to be “evicting” them, but obviously they cannot afford to live here—we have not been able to do basic, needed maintenance for years because of their finances.

Mister Condo replies:

L.P., heavy is the head that wears the crown, my friend. People who purchase into an HOA do so at their own choosing. They are aware of the fees and costs associated with owning a home, condo, or unit within an association. While you are the embodiment of the HOA as it takes action against them for defaulting on their duty to pay their fees in timely fashion, they are also the makers of their own destiny. They need only look in the mirror to see the folks responsible for their demise. In fact, it is you they should be thanking for carrying their weight as they neglected to pay their fair share over the years. Where did they think the money would come from if they didn’t pay? Did they not realize that they were in fact forcing their neighbors to pay more than their fair share because they weren’t willing or able to pay theirs? You asked what should you expect? That’s really hard to say at this point. My guess is if these folks are insolvent, they will eventually be foreclosed upon and you will sell their unit and hopefully find some new owners who will fulfill their obligation to pay their fair share of the common fees. Eventually, the association should regain financial strength and get itself back on track. That is the nature of HOAs. The HOA is a not-for-profit business, the key word being “business”. Business is conducted under the terms of business agreed to by all parties. As long as those terms are met, the business thrives. When/if a party defaults, the business protects itself by exercising the clauses that make it a business, no more, no less. You are on the right track to getting back to business. Good luck!

There is a spot near my garage which is marked “No Parking”. If someone parks there, it is very difficult if not impossible to maneuver my car into my garage. Additionally, it narrows the driveway in our parking lot so that other cars have trouble going around the lot. Sometimes a neighbor will have a guest park there because the guest is too lazy to park in visitor parking which is about fifty feet away. One of my neighbors parks there weekly because it’s just more convenient than her garage. That neighbor is president of the condo complex. I have complained to her about “people” parking in that spot and she says “You’re right they shouldn’t” and then the same day SHE parks there. What should I do?

Mister Condo replies:

K.J., all you can do is complain loudly and often each and every time the “No Parking” rule is violated. The president of the Board is not exempt from the rules of the association and should be reported for each and every time she violates the rule as well. Presidents who feel they do not need to follow the rules of the association have no business serving as officers of the association and I would not hesitate to point that out at the next election cycle when she is running for reelection. If she isn’t going to follow the rules how can she be expected to enforce the rules, a primary duty of the Board? Other than that, it sounds like you have a series of unit owners and guest who just don’t care about the parking rules and how their violation of those rules inconveniences other community members. The world is full of rude and ignorant people; sounds to me like a fair number of them reside in your association. The rules are on your side; well-mannered residents are not. Keep complaining. It may get better; it may not. All the best!

I live in a 4-unit condo, where the unit owners are the 4 trustees. We are dysfunctional and have hired a Property Manager to do our bookkeeping and such. The Property Manager has recommended several maintenance issues be addressed since he was hired in 2013, but since 1 condo has >25% beneficiary interest and at least 75% beneficiary interest is needed to make repairs, we cannot make any maintenance repairs on the (historic) building. The deed and bylaws are generic and since the market where I live is going up, none of the repairs adversely affect the value of the property but are sorely needed to maintain the property and its safety (railings on steps, repairing loose brickwork, repointing the exterior brick; cleaning the gutters so the rain doesn’t rot out the window sills; replacing the roof). What do we do?

Mister Condo replies:

W.W., small condos like yours face problems like this far too often. The governing documents have placed the other three owners, including yourself, at the mercy of a single unit owner. Short of buying the recalcitrant unit owner out of the building, you can’t do anything. You say the market is good. Sounds like a good time to sell and buy into a building where all of these modification and maintenance items have been addressed. Unless this hold-out is heading out, nothing is likely to change. Good luck!

I have a condo. A little over 1 month ago, water was pouring out of my linen closet. I immediately ran to my neighbors, thinking they must not be home or left water running. They were and I advised water is pouring out of my linen closet. They came down to take a look. They are renters. I’m an owner. I notified the HOA that night, by phone and email. Eventually, after 2 days the HOA sent out professional to dry vac my carpeting and to detect the problem. Once the bathroom ceiling was opened up, linen closet ripped out the problem was located, and it was & has been determined the renter’s condo owner is responsible for basically getting my bathroom back together/carpeting replaced/drywalls repaired: I have no linen closet, because it was ripped out.

The owner of the other unit and the HOA are going back and forth as to who is responsible. The HOA has brought in an attorney to confirm they, meaning the other condo owner, are totally responsible. The owner feels as though the HOA is responsible, because it’s a common area. This is so bad, the owner has asked for the bylaws, which was provided. No one is doing anything, and I’m caught in the middle, totally. I can’t see this being resolved any time soon. The owner will not provide his insurance information, so a claim can be started. I’ve already asked the HOA for information & was told, the owner will not provide that information.

I’ve been very patient and understanding, but nothing is being done. I’m at the point I need to contact an attorney and sue the HOA, as well as the Owner, for my insolvencies, as well as repairs/replacement of items.

Mister Condo replies:

D.J., I am sorry for your worries and problems. Water damage at condos is far too common and, as you are seeing first-hand, it isn’t always a simple case of pointing to the cause and assessing the cost of repairs. Your closing comments are my best advice to you. It is long past the time of being patient and understanding. The other parties have hired attorneys, so should you. If the damage came from a common area, the other owner may have a point. If not, he may be responsible and have to pay or have his insurance company pay. Either way, your best interests will be protected by having your own attorney look out for them. Have you read the by-laws yourself? Sometimes it helps to have your own understanding of what is being contested. It doesn’t necessarily help resolve the matter any sooner but it might help you understand what the legal bickering is about. All the best!

I live in a 100-unit condo in Cambridge, MA. My upstairs neighbor’s air conditioner leaked, causing water damage to my unit. Who is responsible and who files an insurance claim?

Mister Condo replies:

A.B., I am sorry you took damage from a neighbor’s air conditioner. Your own insurance is your first line of defense. Your insurance should cover any interior damage to your unit, less your deductible. Your neighbor may also have insurance that would come into play if your insurer goes after him/her for the damage caused. There are also times when the association insurance can come into play but this doesn’t sound like one of those times. File your own claim with your own insurance and get your damage repaired. Good luck!

The neighboring condo association has had their 2 garbage bins on our property for the last 6 years. I’ve always had a problem with that because, 1) they don’t maintain the area, I do, and 2) the liability of a “slip and fall” happening on our property by our neighbors or their trash removal company. I recently asked them to move the bins and was told “no”. Can I contact their trash removal company and have them move the bins? What other options do I have? Thank you from a Chicago Condo Board President.

Mister Condo replies:

T.P., unless there is some kind of agreement between the two properties, the neighboring association has no business intruding on your private property. This is a simple matter for your association attorney to remedy via lawsuit. Quite simply, the trash contractor is trespassing on your property. A “cease and desist” order should do the trick. If not, your association attorney can direct you to the next steps. You tried the easy was with the request for them to stop. They didn’t comply so it is time to escalate the situation. Good Luck!

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Friendly Answers to your Condo Questions

Mister Condo is here to give friendly advice and promote awareness of how to make the most of your condominium living experience. “Ask Mister Condo” is the friendly place to ask questions about all things condo. Mister Condo knows a lot of the answers but when he doesn’t, he isn’t afraid to ask a local expert for help in answering your questions. Mister Condo is not an attorney and offers no legal advice in this column. He is a very well-mannered condominium dweller with many years of practical experience living in several of Connecticut’s fine condominium communities. He asks that you be well-mannered as well so we can all enjoy the advice presented in this column. Please note that questions are answered on a "first come, first served" basis and that there may be a delay before your question and answer appear. Thank you for your patience.